Where Content owned by a third-party is not made available
under a Creative Commons or other open licence, You may:

access and view that Content; and

where You have gained access other than
via an Access Agreement, use that Content in accordance with the
rights statement or conditions of use applied to the Content.

For third-party owned Content that ESA has contributed to the
Website, unless stated otherwise, You may not:

use, reproduce or communicate it anywhere but in
Australia;

use it for commercial purposes;

make it publicly accessible;

use it in a manner that would infringe the moral rights of
its creator; or

use it in a manner that would circumvent any technological
protection measure (for example a password) or interfere with any
electronic rights management information.

Content posted by You

You may post Content to the Website that you own (Your
Content).

If You post Your Content to the website, You must ensure that
You:

own Your Content; and

you have sufficient rights to apply the Creative
Commons Attribution 4.0 International Licence to your Content .
This licence allows anyone to view, copy, distribute, transmit and
adapt Your Content for no payment, and even commercially, provided
that they attribute Your authorship each time they do any of those
things. Please include a preferred attribution statement for Your
Content.

You must not post Content that includes other
peopleâs material (Third Party Material).

You may provide clean hypertext links to Third
Party Material.

If You do not, or cannot agree to Your Content
being licensed in this manner, You must not post Your Content to
the Website. If You are in doubt about the ownership of Your
Content and Your right to upload it on the Website, You must not
upload it to the Website.

ESA is not liable for Your Content. You agree that
You are solely responsible for Your Content and the consequences of
posting it on the Website, and any use that follows from posting it
to the Website. You warrant that You own and have
the necessary right to post Your Content. You further agree and
warrant to Us that You will not submit Your Content if it is
defamatory, objectionable or offensive on grounds of race,
religion, gender, age, sexual orientation or disability, or if it
is illegal, invades another's privacy, violates a trade secret or
infringes copyright or other intellectual property rights.

Access

You agree to keep any key(s), access code(s), password(s) and
personal information numbers (PINs) issued to or created by You
confidential.

If You have reason to believe that a key, access code, password
and/or PIN is no longer secure (for example, in the event of loss
or theft), You must promptly notify ESA of the problem by
submitting a support ticket
and, where possible, immediately change or arrange for the changing
of the key, access code, password or PIN.

Website Administration

ESA is under no obligation to monitor, filter, censor, edit
or regulate Content posted on the Website, nor is it obliged to
refuse to post Your Content. However, ESA reserves the right to:

edit or remove Your Content without prior notice;

terminate Your access to the Website if ESA considers You
are breaching any of the Terms of Use; and/or

co-operate with and notify any law enforcement authorities
and disclose information including the identity of any person in
respect of Your Content that may violate any relevant laws.

Your Promise

You promise that You will comply with all
applicable laws and will not use the Website for a purpose
prohibited by these Terms of Use including for any unlawful
purpose. For example, You agree not to :

upload to the Website material which is unlawful,
misleading or deceptive, obscene, defamatory, indecent or
offensive, for example material which may offend or threaten
someone;

upload material to the Website which endorses, promotes or
criticises any product, cause or political party, politician or
candidate;

upload, post, or otherwise make available any material to
the Website that You are not permitted to make available or which
contains viruses or other computer code, files or programs
designed to interrupt, limit or destroy the functions of other
computer software or hardware;

use the Website in any manner which could damage, disable,
overburden or impair the Website or interfere with any other
party's contribution to or use and enjoyment of the Website;

obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for
through the Website;

breach any privacy law for example uploading images of
individuals where they are able to be identified without their
permission or in the case of students, without the permission of
the relevant student's parent or guardian;

use the Website for any purpose other than non-commercial
educational purposes; or

circumvent any technological protection measure.

You are responsible for Your interactions with other users
and You agree to treat other users with respect.

Links to External Websites

The Website contains links to Non ESA Sites. ESA provides the
links for ease of reference only and it does not necessarily
sponsor or approve of any material contained on the Non ESA Sites.
Your access to the Non ESA Sites and use of their content is
entirely at Your own risk, and subject to the legal notices and
privacy policies of the Non ESA Sites. It is Your responsibility to
read and comply with any legal notices that apply to Non ESA Sites.

At the time of linking, the Non ESA Sites were of educational
value. However ESA does not control these sites. Their content may
change over time. If You discover that the content on a Non ESA
Site is unexpected or inappropriate for an education audience
please contact help@esa.edu.au
as soon as possible.

No Endorsement

You must not use:

the ESA logo or name without the prior written consent of
ESA; or

the Content or Website in a manner that impacts the good
reputation of ESA for example, using the Content or Website in a
manner that is not in the best interests of minors.

Limitation of liability

ESA has compiled the Content in good faith and has
endeavoured to ensure that all Content is accurate and does not
breach any person's rights at the time of its inclusion. However,
the Content may contain unintentional errors and is provided 'as
is'.

The Website is provided to You on an 'as is' and 'as
available' basis and You use it at Your own risk.

To the maximum extent lawful, ESA:

excludes all representations and warranties in respect of
the Website and the Content; and

is not liable for:

any loss or damage however caused resulting from the use
or inability to use the Website or the Content; or

any incidental, special or consequential damages of any
nature arising from the use of or inability to use the Website or
the Content.

Changes to Terms of Use

ESA reserves the right to change at any time, in its sole
discretion, these Terms of Use for the Website. You are responsible
for regularly reviewing these Terms of Use. Your continued use of
the Website constitutes Your agreement to the current version of the
Terms of Use.

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Scootle is supported by the Australian Government Department of
Education. It includes learning resources from the National Digital
Learning Resources Network, managed by Education Services Australia
on behalf of all Education Ministers. Terms
of use